A.K.Ismail Sheriff v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.16682 OF 2022 AND W.M.P.NO.15967 OF 2022 A.K.Ismail Sheriff ... Petitioner Vs.

1. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai - 2.

2. The Executive Engineer/O&M, Vysarpadi Division, Chennai - 39 (we).

3. The Junior Engineer, TANGEDCO, Stanley Sub Division, Old Jail Road, Chennai - 21.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the respondents to provide electricity supply to the petitioner's property viz., at 1st floor, Door No.37/14, Kathbada 3rd Cross Lane, Old Washermenpet, Chennai - 21, in pursuance of the letter dated 18.02.2022 given by the petitioner to the second respondent herein on 22.02.2022 and the letter dated 31.03.2022 of the Legal Advisor of the respondents recommending for providing electricity connection. For Petitioner :

Mr.N.Sivaprakash For Respondents :

Mr.L.Jai Venkatesh TNEB Standing Counsel

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to provide electricity supply to the petitioner's property viz., at 1st floor, Door No.37/14, Kathbada 3rd Cross Lane, Old Washermenpet, Chennai - 21.

2. Mr.L.Jai Venkatesh, learned standing counsel for TNEB, accepts notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal in the admission stage itself.

3. The petitioner had earlier approached this Court seeking for a direction to the respondents to consider his application for electricity service connection for the above mentioned property. This Court, by order dated 30.11.2021, disposed of the Writ Petition in WP.No.7258 of 2014, by directing the respondents to consider the petitioner's application on merits and in accordance with law as expeditiously as possible, after giving due consideration to the documents produced by the petitioner.

4. The grievance of the petitioner is that even though the order was passed on 30.11.2021 by this Court in WP.No.7258 of 2014, till date, the petitioner's application has not been considered.

5. The learned standing counsel appearing for the respondents, on instructions, would submit that notice was sent to the petitioner by the respondents, calling upon him to come for an enquiry with regard to his application seeking for electricity service connection but the said notice was returned 'unserved - no such person in the said address'.

6. The learned counsel for the petitioner would now submit that the petitioner is willing to attend the enquiry, if he is called upon by the respondents in the near future. The learned counsel would further submit that the petitioner has already submitted all the relevant documents before the respondents. He would also submit that the petitioner is willing to appear before the respondents on 11.07.2022. The said statement is recorded.

7. The learned standing counsel for the respondents has also not raised any serious objections for fixing the date of enquiry as 11.07.2022.

8. After recording the rival submissions, this Court directs the petitioner to approach before the third respondent on 11.07.2022 and the third respondent shall hold an enquiry with regard to the petitioner's application seeking for electricity service connection for his property situated at 1st floor, Door No.37/14, Kathbada 3rd Cross Lane, Old Washermenpet, Chennai - 21, after giving due consideration to the documents produced by the petitioner and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner,

including granting him the right of personal hearing, within a period of two (2) weeks thereafter.

9. With the above directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Sni To

1. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai - 2.

2. The Executive Engineer/O&M, Vysarpadi Division, Chennai - 39 (we).

3. The Junior Engineer, TANGEDCO, Stanley Sub Division, Old Jail Road, Chennai - 21.

+1cc to M/s.N.Sivaprakash, Advocate, S.R.No.41652 W.P.No.16682 of 2022 CNR(CO) RLP(06/07/2022)